Holding

The cut‑off date fixed by the Court cannot be extended; only hutment dwellers who occupied the land for at least two years before January 1 1981 are protected, and provision of alternative sites is not a condition precedent to their removal.

Summary

The petitioners, representing hutment dwellers on Bombay Port Trust lands, challenged the demolition of their huts and sought a stay on further evictions, arguing that the cut‑off date fixed by the Supreme Court (January 1, 1981) should be extended and that a state policy required provision of alternative accommodation before eviction. The Court noted that the problem of hutment dwellers is a human one but held that the Bombay Port Trust, as a private statutory body, could not be barred from using its land. It ruled that once a cut‑off date is fixed, it cannot be altered merely because time has elapsed, and only those 50 families who proved continuous occupation for at least two years before the cut‑off date are entitled to protection. The Court clarified that any provision of alternative sites is not a condition precedent to eviction, though the Trust must provide such sites to the protected families before removal. A six‑month stay on demolition of other huts was also ordered, and the special leave petition was disposed of without costs.

Issues considered

Whether the cut‑off date fixed by the Court can be extended due to the passage of time.
Whether a purported State policy of providing alternative accommodation is a condition precedent to eviction of hutment dwellers on Bombay Port Trust land.
Whether Bombay Port Trust land qualifies as public land subject to protection of hutment dwellers.
Whether the Court can restrain the Bombay Port Trust from putting its land to its own use.

Legislation cited

Bombay Rents, Hotels and Lodging Houses Rates (Control) Act, 1947

Subjects

hutment dwellersevictionpublic landalternative accommodationcut‑off dateBombay Port Trusthuman rightsspecial leave petitionArticle 136property lawadministrative law

Judgment

RAM PRASAD YADAV & ORS.
A
v.
CHAIRMAN, BOMBAY PORT TRUST & ORS.

MARCH 29, 1989

[R.S. PATHAK, CJ AND M.H. KANIA, J.] B

·.~. Constitution of India 1950: Article 136. Problem of hutment
dwellers-A human problem-removal of hutments-Causes untold
hardship and misery-Provision of alternative sites-Whether a condi-
tion precedent.

. Practice and Procedure: Hutment dwellers-Removal of-
c
)- -Appointment of Commission for identification of beneficiaries in terms
of 'cut off date fixed by interim order of Court-Whether ground for
extending 'cut off date.

Bombay Rents, Hotels and Lodging Houses Rates (Control) Act, D
1947-Applicability of-To Bombay Port Trust Lands.

In May 1985, some of the hutments in the Bombay Port Trust
'< lands were cleared by the Port Trust and these hutments were demo-
lished. The petitioners filed a writ petition in the Bombay High Court
for restraining the Bombay Port Trust from carrying out any further E
demolition of the hutments. The writ petition was dismissed by a Single
-<. Judge of the High court. An appeal preferred against the order of the
Single Judge was dismissed by a Division Bench. Hence the appeal by
• special leave to this Court.

By an interim order dated 27th January 1986 a Division ~nch of F
.4f this Court fixed a cut off date as January l, 1981 for the purpose of
granting relief in the form of providing alternative sites to the hutment
dwellers and directed that those hutment dwellers who have been con·
tinuously in occupation for at least two years prior to January l, 1981
shall not-be thrown out unless and until, alternative sites are provided
to them for occupation. A Commission was also appointed to identify G
,.\ the persons who were eligible for alternative sites in terms of the
aforesaid interim order. In its report submitted on 4th November 1986,
the Commission pointed out that only 50 hutment dwellers could satisfy
the Commission that they were living on the site for a period of two
years prior to the cut off date. The other hutment dwellers were unable
~~~ H
173
174 SUPREME i · .RT REPORTS [19891 2 S.C.R.

A It was contended on behalf of the petitioners that (i) in view of the r
time whieh has gone by, cot off date fixed by this Court should be
extended, and (ii) the policy of the State of Maharashtra was not to evict
unauthorised occupants on public lands except after providing them
alternative accommodation.

B Disposing of the special leave petition, it was, .j

HELD: 1. The problem of hutment dwellers is a human problem ~-

..
and the removal of hntments is bonnd to cause an untold hardship
and misery to the occupants. However, on that consideration, the
Bombay Port Trust cannot be prevented from potting its land to its
own use. [178C]
c
2. Once the cut off date has been fixed by this Court, there is no ~
basis for extending the cot off date merely because time has gone by
since that would render the entire task given to the Commission futile.
Moreover, doing so would run counter to the intention of this Court in
D making the aforesaid order which was to protect only those hutment
dwellers who had been in occupation for at least two years prior to
1.1.1981. In view of the fact that no policy statement of the Government
of the State of Maharashtra was pointed out it cannot be taken into
account. Moreover, the Port Trust land cannot be regarded as public y
land in occupation of the Government, either the Central Government
E or the State Government. [177E-H]

2.1. Under the circumstances, directed that the said 50 hntment :..
dwellers along with their families who had been identified by the Com-
mission as having occupied the said hntments for two years or more '
prior to the cot off date, namely, 1.1.1981, shall not, be removed from
F their hutments and their hntments shall not be demolished except after t
provision of alternative sites for them. The Port Trust will be at liberty
to remove these hutments after giving alternative sites to these hutment
•
dwellers.-{I77H; 178A-B]

3. It is not possible for this Court to say whether there would be a
G greater injury to public interest by the removal of the unauthorised
hntment dwellers or by preventing the Port Trost from putting its own I·
land to a proper use. [178C-D)

4. The State Government or the Central Government or even
the Bombay Port Trust may make some provision for providing
H alternative sites at least to some of these hutment dwellers. However,
R.P. YADAV v. CHAIRMAN. BOMBAY PORT [KANIA, J.J 175

'( the provision of such alternative sites is not made a condition precedent A
to the removal of the hutment dwellers or the hutments in question
other than those who are entitled to protection on the basis set out
earlier. [178E-F]

CIVIL APPELLATE JURISDICTION: Special Leave Petition
' (Civil) No. 7883 of 1985. B
)
~ From the Judgment and Order dated 24.5.1985 of the Bombay
High Court in Appeal No. 461of1985.

M.C. Bhandare, G.S. Chatterjee and Ms. C.K. Sucharita for the
Petitioners.
c
t-- B. Datta, G. Ramaswamy, Additional Solicitor Generals, A.S.
Bhasme, Praveen Kumar, R.P. Srivastava, Mrs. Sushma Suri, U.J.
Makhija, B.S. Bhasania, Mrs. A.K. Verma, and Tum Banga for the
Respondents.
D
The Judgment of the Court was delivered by

KANIA, J. Heard Counsel.
.,, This is a Petition under Article 136 of the Constitution for special
leave to appeal against a judgment and order of a Division Bench of E
the Bombay High Court dated May 24, 1985.

Original Petitioner No. 1 who is dead was a hutment dweller and
Petitioner No. 2 is a Union representing hutment dwellers having their
hutments in lands belonging to the Bombay Port Trust. Respondents
~.
Nos. 1 to 3 to the petition are the Chairman of the Bombay Port Trust, F
~ Union of India and the State of Maharashtra respectively.

Some of the hutments in the Bombay Port Trust lands were
cleared by the Bombay Port Trust in the first part of May 1985 and
these hutments were demolished. The Petitioners filed a Writ Petition
No. 992 of 1985 on the Original Side of the Bombay High Court inter G
alia for restraining the Bombay Port Trust from carrying out any
further demolition of hutments and asking for several other reliefs.

A learned Single Judge of the Bombay High Court in his judg-
ment and order dated May 15, 1985 disposing of the petition pointed
out that the Petitioners' Counsel was unable to point out any legal H
176 SUPREME COURT REPORTS [1989] 2 S.C.R.

A right in the petitioners. The property admittedly belongs to the
Bombay Port Trust and the provisions of the Bombay Rents, Hotels
and Lodging House Rates (Control) Act, 1947 are not applicable to
the said property. "!'he learned Judge further pointed out that although
the petitioners claimed that there was some policy of the State
Government for providing alternative accommodation before the hut-
B ments on public lands were demolished, no statement of any such
policy was brought to the attention of the Court and the learned i
Counsel for the State denied that there was any such policy for the J
Bombay Port Trust lands. The learned Judge dismissed the writ peti-
tion but directed that status quo should be maintained till and inclusive
of 30th May, 1985 on certain conditions. The Petitioners preferred an
appeal against the said order which was dismissed by a Division Bench
c of the Bombay High Court by the order sought to be impugned before
us.

Certain interim orders were passed in the said Petition from time
to time with which we are not concerned. By an order dated January
D 27, 1986 a Division Bench of this Court comprising Bhagwati, C.J. and
Oza, J. observed that as far as they gathered, about 406 families were
involved in the operation relating to the removal of unauthorised hut-
ments on the lands of Bombay Port Trust. They also observed that it
was fair and just that some alternative land sites be provided to those
who have been continuously in occupation since at least two years

-
E prior to a cut off date, fixed by them as January 1, 1981 should be
provided with alternative sites before being thrown out of the said land
and directed that those hntment dwellers who have been in occupation
of the Bombay Port Trust lands along with their families for the said
period, shall not be thrown out unless and until, as a condition prece-
dent, alternative sites are provided to them for occupation. The
F Division Bench appointed a Commission for the purposes of inquir-
ing and determining as to which of the persons whose names and
addresses were given in the affidavit filed on behalf of the petitioners
were in occupation of hutments in the Bombay Port Tursi lands for at
least two years prior to January I, 1981. A plain reading of the said
order makes it clear that the State Government was directed to
G provide alternative sites only to those hutment dwellers who were
ultimately found entitled to protection as being in occupation for the
period set out earlier i.e. two years prior to the cut off date. The
Commission appointed by this Court submitted its Report on
November 4, 1986. The Commission pointed out that out of 411
families mentioned in the affidavit filed on behalf of the Petitioners,
H the Commission could make an inquiry in regard to 302 hutment
R.P. YADAV v. CHAIRMAN, BOMBAY PORT [KANIA, J.J 177

dwellers. 59 of them had already left for Govandi a place in Bombay
A
where alternative sites were presumably allotted to them and the
Commission held that these persons were not staying on the Bombay
Port Turst lands. The Report makes it clear that inquiry could not be
made with certain persons mentioned in the affidavit as they were not
available for inquiry despite the fact that the Commission visited the
sites at least six times and spent considerable time there. Out of the B
persons concerned, the Commission found that, on the evidence, only
50 hutment dwellers with their families could satisfy the Commission

-
that they were living on the site for a period of two years prior to the
cut off date, namely, 1.1.1981. The other hutment dwellers were
unable to satisfy the Commission ·with their evidence. The commis-
sioner, however, stated that it was possible that some of these persons, C
who had been unable to establish their residence for the aforesaid
period, might have been unable to do so because of their poverty, lack
of literacy and want of documentary proof.

It is after that making of this Report that the matter has come up
before us. As far as we can see, in view of the aforesaid order of this D
Court, the main task before us is to implementthat order.

It was contended by Mr. Bhandare, learned Counsel for the
Petitioners that although the cut off date was fixed as 1.1.1981, we
should extended the cut off date in view of the time which has gone by.
He further contended that there was a policy of the State of E

-
Maharashtra not to evict unauthorised occupants on the public lands
except after providing them alternative accommodation. We are
unable to accept the submissions of Mr. Bhandare. Once the cut off
date has been fixed by this Court by the aforesaid order, there is no
basis for extending the cut off date merely because time h~s gone by
since that m;der because that would render the entire task given to the F
Commission futile. Moreover, doing so would run counter to the
intention of this Court in making the aforesaid order which was to
protect only those hutment dwellers who had been in occupation for at
least two years prior to 1.1.1981. Although the policy of the Govern-
ment of the State of Maharashtra was referred to, no policy statement
was pointed out to us and the learned Counsel for the State of G
Maharashtra made it clear that no such policy would be applicable to
the Bombay Port Trust lands. In view of this, we are unable to take
into account any alleged policy of the State. Moreover, the Port Trust
land cannot be regarded as public land as being in the occupation of
the Government, either the Central Government or the State Govern-
ment. Under the circumstances, we direct that the said 50 hutment H
178 SUPREME COURT REPORTS [19891 2 S.C.R.

A dwellers along with their families who had been identified by the
Commission as having occupied the said hutments for two years or
more prior to the cut off date, namely, I. 1.1981, shall not be removed
from their hutments and their hutments shall not be demolished except
after provision of alternative sites for them. As already directed by the
earlier order, the duty of carrying out this task is imposed on the State
B of Maharashtra but, even if either the Central Government or the Port
Trust is able to give alternative sites to these hutment dwellers, the
Port Trust will be at liberty to remove these hutments.

c
We realise that the problem of hutment dwellers is a human
problem and the removal of hutments is bound to cause an untold
hardship and misery to the occupants. However, on that consideration,
-
we cannot prevent Bombay Port Trust, frpm putting its land to its own
use. It is not possible for this Court to say that whether there would be
a greater injury to public interest by the removal of the unauthorised
hutment dwellers or by preventing the Port Trust from putting its own
land to a proper use. In order to obviate the hardship referred to
D earlier, although to a limited extent, we direct that even the hutments
on the said lands which are not entitled to protection, will not be
demolished for a period of six months from the date of signing of this
order. We only hope and trust that it will be possible for the State
Government or the Central Government or even the Bombay Port
Trust to make some provision for providing alternative sites at least to
E some of these hutment dwellers, if not all. However, we make it clear
that the provision of such alternative sites is not made a condition
precedent to the removal of the hutment dwellers or the hutments in
question other than those who are entitled to protection on the basis
set out earlier.
F The Special Leave Petition is disposed of by this order. There
will be no order as to costs.

T.N.A. Petition disposed of.